PEOPLE v. DOUGHERTY

No. 3-08-0264.

915 N.E.2d 442 (2009)

333 Ill.Dec. 636

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Elvis DOUGHERTY, Defendant-Appellant.

Appellate Court of Illinois, Third District.

August 27, 2009.


Attorney(s) appearing for the Case

Elvis B. Dougherty, Dennis M. Sheehan, Pekin, IL, for Appellant.

Terry A. Mertel, Deputy Director, State's Attorneys Appellate Prosecutor, Richard T. Leonard, State's Attorneys Appellate Prosecutor, Ottawa, IL, Kevin W. Lyons, State's Attorney, Peoria, IL, for Appellee.


Justice LYTTON delivered the opinion of the court:

Defendant Elvis Dougherty pled guilty to misdemeanor domestic battery and was sentenced to 12 months' conditional discharge. The trial court denied his subsequent motion to withdraw his plea. On appeal, defendant argues that the trial court (1) failed to properly admonish him pursuant to Supreme Court Rule 402 (177 Ill.2d R. 402), and (2) erred in denying his motion to set side his guilty plea. We affirm.

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